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Applying for absolute

5 replies

AnnetteCurtainPeeper · 29/11/2020 00:29

I will be applying for a decree absolute on Monday as the respondent. My ex, the petitioner, is refusing to complete the paperwork to get the absolute himself. We have been separated for 8 years and this divorce would have been in the pipeline for 6 years soon.

I understand I will have to pay a court fee. To keep costs down I will have to act as litigant in person.

Does anyone know how long this process takes? Will me ex and I need to go to a hearing?

Tia

OP posts:
Lonecatwithkitten · 29/11/2020 07:00

How long since you got the Decree Nisi you may need to make a statement regarding the delay if it has been a long time.

AnnetteCurtainPeeper · 29/11/2020 21:05

@Lonecatwithkitten the nisi was pronounced 5 months ago

OP posts:
dinglethedragon · 29/11/2020 21:28

its just paperwork - here's the link

www.gov.uk/divorce/apply-for-a-decree-absolute

There is no fee payable (from a quick google search)

have you got assets and finance sorted? important to do it before the absolute - transfers of property and assets between spouses carries no tax implications, but once you have the absolute it is as though you sell the assets so there might be capital gains tax etc if they are substantial. I assume that after so long you are pretty much financially independent by now?

Lonecatwithkitten · 29/11/2020 21:55

@AnnetteCurtainPeeper under 12 months then it should be straight forward as @dinglethedragon sats make sure you have all your finances sort and your consent order sealed by the court.

Collaborate · 30/11/2020 08:09

@dinglethedragon

its just paperwork - here's the link

www.gov.uk/divorce/apply-for-a-decree-absolute

There is no fee payable (from a quick google search)

have you got assets and finance sorted? important to do it before the absolute - transfers of property and assets between spouses carries no tax implications, but once you have the absolute it is as though you sell the assets so there might be capital gains tax etc if they are substantial. I assume that after so long you are pretty much financially independent by now?

A google search does not always result in the right answer.

A respondent applies on notice for decree absolute. There is a fee payable. The link above is for a petitioner’s application.

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